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BEIGHTOL v. KUNOWSKI

Civ. No. 72-55.

382 F.Supp. 985 (1974)

Brad S. BEIGHTOL, a minor, By his guardian, Arlene L. Beightol, Plaintiff, v. Joseph KUNOWSKI et al., Defendants.

United States District Court, M. D. Pennsylvania.

October 8, 1974.

Attorney(s) appearing for the Case

Ambrose R. Campana, Williamsport, Pa., for plaintiff.

Andrew Smyser, Dept. of Justice, Harrisburg, Pa., for defendants.

OPINION

MUIR, District Judge.

The question presented by Defendants' motion to dismiss the Plaintiff's complaint is whether under the Civil Rights law, 42 U.S.C. § 1983, the issue of executive immunity is one for the court or the jury.

The Plaintiff filed a complaint against several officers of the Pennsylvania State Police Force and a deputy attorney general in the Pennsylvania Department of Justice. The complaint alleged that while the Plaintiff...

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